Christmas & Chapter 7

[jal592]

i realize this may be a stupid question, but my wife insists i ask someone. in an earlier post i stated i have some extra money in the bank due to a lot of overtime i was able to work, if i spent some on christmas gifts for my kids and grandkids will this be a problem? if so would i be able to spend it on neccesary maintenence on my car, or pay my insurance for the year? we filed under the old law. also i have a pay pal account with $26 in it that i forgot to tell the attorney about, should i let him know, or just spend it on a legit expense? thank you for any help. as i go thru this process i hope i will be able to help others as much as everyone in here has helped me with their posts.
Filed-10/14/05
341- 12/21/05
Last day for objections-02/21/05

[Minnymouth]

Was this money in the bank the day you filed??

Minny

[jal592]

yes some of it was, i have direct deposit and it is deposited on thursdays, which just happens to be the same day we filed. i didnt even think about it, we have been so stressed about this whole thing neither one of us has been thinking clearly.

[Minnymouth]

Did your attorney exempt any cash you had in your accounts?

Did the balance you listed on your petition include the direct deposits for that day??? Or just balance showing on statement?

Minny

[jal592]

he didnt say anything about exempting it, we gave him all our bills and paystubs showing our regular pay. he asked what our average balance is. we havent seen the entire petition yet, just the first page that we had to sign. they were in such a rush to get everything filed.

[Minnymouth]

Are you tellling me that your petition was filed before you have even seen it or been over it with your lawyer??? All you saw and signed was the permission page???

If so, better hope you got a good lawyer......

As soon as you get your hands on a copy - look at it very closely and make sure the t's are crossed and the i's are dotted and its just like its supposed to be. Call immediately if you find any errors.

If you spend any of the money in the account - keep receipts. Maintenance, repairs, utilities, groceries, they would say nothing about.

Christmas presents may be a whole new can of "worms"!

Remember you supposed to be in bankruptcy, no extra money!!! Barely surviving - at your wit's end!!

Contact your attorney and see what he tells you!

My thoughts,

Minny

[AAAArt]

I gave $125 to my mother to help with high electric bills for the hot summer and $125 to my oldest daughter who had bought a used car which was a lemon, but did it before we filed and just e-mailed my atty. a note about it. They listed it somewhere, I think under "other expenses". I read it at the time, but don't remember right now.
You're allowed to make gifts under a certain amounts and to pay for car/house repairs and to pay for insurance.
Your only problem is that you didn;t do it before you filed. Technically, as of the day you filed, the money in your checking acct. is the Trustee's unless you exempted it.
Our bank accounts were both under $10 on the day we filed. I was actually overdrawn, but didn't know it until the day after. I has purchased $30 worth of gas with my debit card and usually it's shown in a day or two, but this time it took them over a week to post it. Good thing my wife got paid the day after we filed, because the bank hit me with a $30 overdraft ccharge and $5 for one day of insufficient funds. (They did, however pay the charge).
Best wishes, but as Minny suggested, talk with your atty. Art

[quest42]

Does your attorney know anything about your trustee's reputation, style, and habits? As far as the $26 in PayPal, it's up to the discretion of the trustee, unless it is exempt... and even then, you'd have to disclose it if any questions were raised.

[jal592]

Mistakes on Petition

i looked at my petition on pacer, there were several mistakes. one was really big- my wife gets paid bi-weekly and the attorney had her listed as weekly. thus showing she makes $400 a month more than what she really does! they also listed the same cc twice. i faxed her all the mistakes and she is going to call me and go over them. they are so busy it is like pulling teeth just to get a question answered. i know its my fault because i waited until the last minute to file, and was not prepared. LESSON LEARNED- just because the attorney says dont worry i will take care of everything doesnt mean he will.

[Minnymouth]

You call him and MAKE SURE he amends everything that needs FIXING.......
Watch him closely and check behind him...........
Don't let his errors, turn into your loss or headache!!!

Minny

[StaciMM]

The income/pay period could be a major trouble-enough to put you into a ch. 13.

Regarding the duplicate creditor-was a collection agency handling it? If so, its ok to list the original creditor and collection agency though one should show $0 owed.

[jal592]

they had our expenses very low. $250 for food $0 for clothing,laundry, and home maintenence. this is for 2 people. as for the cc account, it shows a balance for both, but it is the same account#. if you have any disposable income at all would they make you convert to a 13?

[Minnymouth]

Normally disposable income would be anything over $100.00..... But if can't pay enough to the creditors over the 3 year period (with your excess income) they will probably keep you in Chapter 7.

Minny

[AAAArt]

I know that people say to "call", but I got the best results from my attorney with e-mails, faxes and just a few phone calls. Art